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Why experienced legal counsel truly counts in an appellate action

On Behalf of | May 25, 2017 | Criminal Appeals

You’ve heard admonitions like this before, of course, in reference to the need to steer past mere baseline competence from a contracting third party when what you truly need is high-level performance from an individual or business entity.

To wit: You wouldn’t seek out a general practitioner to perform brain surgery. You wouldn’t hire an entry-level cook to cater your child’s wedding. You wouldn’t entrust your life savings to an adviser you just met who promises you outsized returns, so …

… why would you retain an attorney without appeals-related acumen and experience to represent you in a matter that likely entails potentially adverse consequences of nearly incalculable scope?

A time-honored and bedrock principle of American jurisprudence is that, when one or more material mistakes are committed at trial that result in judicial error (and sometimes the wrongful conviction of a defendant), the adversely affected party has a legal right to appeal.

Although that is critically important, of course, the utility of such an opportunity is only fully realized when appellate legal counsel is up to the task for what is required beyond the initial trial-court stage.

Words can’t be minced here: The performance of a criminal defense attorney at the appeals stage is often the central determinant informing a defendant’s future.

Proven appellate counsel — that is, a thoroughly knowledgeable, persuasive and, when necessary, aggressive advocate — fundamentally understands the need for evidence gathering, trial record review and preserving the right of appeal. An attorney with a demonstrated record of strong advocacy on behalf of clients in appeals cases is necessarily and uniformly focused on court procedures, careful legal drafting and oral argument, and will be ready to pursue an appellate matter before a court of appeals or, alternatively, back in the trial court where a case was first commenced.

Appellate work constitutes a technical and singular realm of law, which can best be entrusted to attorneys and law firms that routinely engage in it.

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“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

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“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

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